HomeMy WebLinkAbout05/18/94TAPE #1201
UNAPPROVED DRAFT
COUNCIL
APPROVED
JUN 8 1994
CITY COUNCIL MEETING MINUTES
MAY 18, 1994
#0032
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, May 18, 1994, at 5:30 P.M., with
Council President Ellsen Fitz presiding. Council members present
were Morris Dawkins, Bob Winters, John Law, Sherril Huff-Menees,
David Farr, Richard Neville, A1 Colvin, and Lon Overson. Also
present were City Attorney Ian Sievers and City Clerk Kathleen
McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Fitz and Invocation given by Reverend Ron Anderson of
Manette Community Church.
President Fits reported Council concluded an Executive Session
prior to the Council meeting where they discussed "potential
litigation". Also, portions of the Agenda will be carried over to
May 19, 10:00 A.M., as part of the Armed Forces City Hall Day
celebration (Items 6A, 6D, and 7B)
CONSENT AGENUA
A. Minutes of Meeting -- April 27, 1994
#AB94-095
M/S/C/U (Nevil le/Dawkins )
presented.
to approve the Consent Agenda as
#0058
CLAIMS/WARRANT REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24,090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Farr) on May 18, the Council does approve for
payment those vouchers included and further described as follows:
175357, 175390 through 175566 in the amount of $263,592.24; and
Regular Payroll for the period ending April 30, 1994, in the amount
of $642,892.26.
COUNCIL MEMBER REPORTS
Mr. Farr announced the District #6 Neighborhood meeting is
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scheduled for May 24, 7:00 P.M., at the Bremerton High School.
Mr. LaW reported on a successful District #3 Neighborhood meeting,
held May 17, where Mayor Horton provided 'an update on the City
followed by a good hours discussion on developing a committee to
advise the status of the next bridge across the Washington Narrows.
Mrs. Huff-Menees reminded District #7 residents that a District
Neighborhood meeting is scheduled for May 31, 6:30 - 8:30 P.M., at
the Bremerton School District Office on MontgomeryAvenue. At that
meeting, presentations will be made by the Bremerton Fire
Department, Parks and Recreation Department and Department Of
Community Development as well as discussion of those concerns
raised by District residents.
Mr. C01vin thanked Andy Parypa for the research he did on the
sidewalk issue that was discussed at the Council meeting on May 11.
He attended the Armed Forces Queens Pageant and was quite impressed
with the professional like performance of the candidates. He has
requested the State Legislators provide him with some written
information on the repair/replacement of the Manette Bridge, which
he will distribute to all of the Council members. On Saturday, May
14 he attended a Summit meeting sponsored by the Safe Street
Program. He reminded everyone that the District #1 Neighborhood
meeting will be held May 19, 7:00 P.M., at the Sheridan Park
Recreation Center.
Mr. Winters announced on Sunday May 22, 3:00 P.M., at the Roxy
Theater a benefit comedy A.L.I.V.E. III be held with all proceeds
benefitting the A.L.I.V.E. program.
Mrs. Fits stated.today she was one of the commuters who could not
get out of Bremerton on a ferry at a time that she needed to be in
Seattle. She intends to write a letter to the Ferry System to find
out why Southworth and Kingston ferries were on line after they had
breakdowns, but Bremerton was not. She noted the 7:50AM ferrywas
scheduled to depart at 9:00 AM.
PUBLIC RECOGNITION
Mayor Lynn Hotton acknowledge the art work displayed on the walls
of the Council Chamber, which was created by children participating
in the Children's Art Festival held at Olympic College this past
weekend. On Wednesday, May 11, she attended the Regional Dance
Festival, which involved people from several communities in
California, Utah, and Washington. Upcoming events include: May
20, 10:00 AM - 3:00 PM, Annual Open House at the Senior Center;
May 21 10:00AMArmed Forces Day Parade and Bremerton Central Lions
Club Pancake Breakfast.
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Mayor Horton read into the record a response to Mary Lou long's
questions: "Several questions were brought up concerning the
Stormwater Program and water rates. Outlined below are responses
from the Department of Public Works and Utilities. To be in
compliance with State mandates for Stormwater Programs, the City
must have an ordinance that addresses runoff control for new and
redevelopment, describes operation and maintenance of the City's
stormwater system and adopts best management practices (BMPs). The
City accomplished this by passing Ordinance #4454, which follows
the State model Stormwater Ordinance. The City's Stormwater
Program will be managed by staff from the Public Works and
Utilities Department. The Engineering DivisiOn is managing a
consultant contract to develop the Stormwater Master Plan to be
implemented by the Department and staff. Currently, there are
requirements to provide water detention and treatment on site with
site specific requirements and to follow appropriate BMPs to
prevent contaminants from entering the stormwater that reaches
Puget Sound". Mayor Herton stated at this time there are no State
or Federal regulations that mandates the City to treat separately
the stormwaterrunoff. She continued with the letter: "The City's
stormwater rate of $4.00 per month per household is similar to
rates being charged by other Puget Sound municipalities. Specific
questions about the stormwater technical ordinance can be forwarded
to Tim Richard, Utility Engineer, at 478-5318. Ms. Long's comment
about the summer irrigation rate and the "snow birds" is correct,
every residential account that has at least two billing cycles
completed is eligible. The averages are computed using all
consumptions. If a person leaves in October and returns in May,
there average usage would be "0" and therefore would receive only
base fee for all sewer charges during the summer. Setting limits
have been discussed, but at present such a program is not
available. An estimate of 1-2% of customers may fall into this
category. The maximum loss per person based on average usage would
be $44.00 for an in-city resident and $51.00 for a County
resident".
Mayor Hotton made the following response to questions raised by
Kimberly Williams, mother of Ashley Williams who passed away as a
result of an automobile accidentlinjury: "In Ms. Williams letter
she ask why she was precluded from riding in the ambulance to
Harrison Hospital and in the helicopter when Ashley was airlifted
to Harbor View Hospital in Seattle. Part of the reason she was not
allowed to accompany her daughter was because cardiac resuscitation
and other life saving measures were required and some of the
treatments of the victims might distraught a family member rather
than be helpful and there is limited space in both the ambulance
and helicopter. Although one has to say having a parent present is
important, the first and foremost mandate that wehave is to tryto
save the individuals life. Even though it does seem somewhat
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uncompassionate to not allow that parents to ride along, it is best
for all concerned that does not occur. Airlift Northwest provides
the emergency helicopter service and Ms. Williams letter has been
forward to them. Ms.William also asked about safety measures along
Lebo Avenue...Mayor Morton has 'asked staff to look into some
additional safety measures, which may include reducing the speed
limit to the same requirement for schools if State law allows the
City to take such action; putting in additional signage, however,
there are some "children at play" signs already posted; traffic
buttons across the roadway that would alert drivers to slow down;
placing flashers on the speed limit signs; a long term solution
would be to bump out the intersections on both sides so the
crossing time for a pedestrian would be shortened and would provide
a mechanism whereby the drivers of vehicles would consciously slow
down.
Mayor Horton read the following Proclamations:
1. Proclaiming May 25, 1994, as HOMELESS YOUTH DAY, accepted by
Ann Rednickey.
2. Proclaiming May 20, 1994, as SENIORS DAY,. accepted by Becky
Lorber.
3. Proclaiming May 20-21, 1994, as POPPY DAY, accepted by various
representatives of Veterans Of Foreign Wars Posts and Auxiliaries.
Andy Parypa stated he believes Mayor Horton is trying to do her
best to get things moving in the City. However, he did invite
Mayor Horton to drive past the southwest corner of E. 13th and
Ironside to view vehicles parked in.a red no-parking zone on the
sidewalks and requiring other vehicles to drive out past the stop
sign to see on coming traffic. He needed to clarify a point
regarding his speaking before the Council at the previous Council
meeting regarding a recent Supreme Court decision. It seemed that
a senior staff member indicated that Mr. Parypa had misinterpreted
the ruling of the Superior Court of the City of Tacoma. He never
stated that he interpreted that ruling, he did state that the State
Supreme Court made an interpretation. It is up to the City
Attorney and his staff to interpret court rulings. Furthermore, he
did bring to the City Attorney's office a number of Chapter Titles
of an RCW, which he is sure the Assistant City Attorney already was
aware of, which states that the City Council, by a resolution, can
pass on the cost of upkeep of sidewalks (construction or
reconstruction) to the abutting landowner. The point he was trying
to make at the previous Council meeting was that he feels the City
was negligent after being notified seven years ago and being told
by the City Attorney that abutting property owners would not be
held responsible and the City invited damage by non-enforcement of
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the City's own ordinances.
Drake Evans gave a brief report of the formation and functioning of
the Neighborhood Information Network system as set up by Mayor Lynn
Horton. The intent of Information Network system was to provide an
opportunity to disperse pertinent information to the residents by
City staff and providing for a direct contact between residents and
City departments. And, that it will add to and strengthen Council
District meetings and not take away from their intended purpose.
The east Bremerton Neighborhood Information Network meetings
encompass Council Districts #1, #2, and #3. One of the major
issues to be discussed and dealt with by the east Bremerton.
Neighborhood Network meetings has to do with the replacement of the
Manette Bridge in the not too distant future. The next meeting Of
that group is scheduled for Monday, May 23, 7:00 P.M., at the
Sheridan Park and Recreation Center. Presi~ent Fitz pointed out
that the issue addressing the Manette Bridge does not only affect
the people in the Manette area, but the whole City and people
living on the west side of Bremerton also need to be concerned and
involved. Mr. Evans stated in his opinion,
following some discussions, there is a fear within the community
that the City government will want to take ownership on some of the
decisions being made as they relate to the Manette Bridge. When
this issue was discussed with the State representative, it was
clear that if we don't get together as a citizen/City advisory
input group the State has no problem making those decisions. Mr.
Colvin stated he invited Mr. Evans to make a presentation to
clarify the purpose of the Neighborhood Information Network system
and his only concern is that it is difficult getting people
involved and hoped that it would not dilute their involvement in
the Council District meetings.
Mary Lou Long stated what Mr. Evans brought before Council is
important to all citizens and considering the fact that State
Representatives attended a meeting that involved a few citizens
concerned her even more. She felt City Council meetings are more
like town meetings where ideas and information are exchanged and
that is the platform for discussing regional and broader issues.
She preferred having the Neighborhood Information Network system be
part of the regular City Council Agenda,whereby the information
could be brought to the citizens via television and those attending
City Council meetings. President Fits thanked Mrs. Long for her
comment regarding having a "Town Meeting".
Henry Mincey, Safe Streets Coordinator, reported on a "Summit"
meeting, held Saturday, May 14, which involved a segment of the
community that has been misrepresented and uncertain
answers/responses regarding certain events in this community.
When he first implemented the Safe Streets program, he looked at
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the perception of the community as to what was the specific problem
pertaining to gangs, illegal drug activity, etc., and unfortunately
that perception pointed to the African-American male. He
contacted a number of individuals, both African-American and non-
African-American, as to what could be done to address some of the
particular issues and as a result the "Summit" meeting evolved. He
thanked the City officials who participated in the "Summit",
particularly Councilman A1 Colvin and Mayor Horton, and David Bown,
Civil Service Office.
Robert Boddie, POWER, acknowledged the following people and
businesses who helped with the "Summit" meeting: Coca cola and
Pepsi Company, Garguile'.s Red Apple, CRC Building/Pastor Robinson
and Emanual Church, Joann Miller, Melita Moore, Olympic College
Multi-Cultural Center and the SABA group, O. C. President Wally
Simpson, Tina Hinenberg and Charlene DeCook, James Noble, CSW,
Lionel Collins, Greg MCCallin, NAACP, Pastor Allen, Pastor Rachel,
Black .In Government, Kitsap Youth Services Association, Loxie
Egans, and especially the facilitator Charles Wydell. He extended
special thanks to Mayor Lynn Horton and Councilman A1 Colvin for
their participation and Henry Mincey and David Bown for their ideas
and thoughts to make this'event happen. .He anticipates having
another "Summit" meeting in 3-4 months. POWER will be starting
training programs with The Sun the City of Bremerton, US West
Communications and Congressman Norm Dicks and a local law firm.
The Ethnic Unity Coalition will hold Summer Fest 1994, on July 9,
6:00 - 9:00 PM at the Bremerton High School and on July 10th at the
downtown boardwalk 9:00 - AM to 6:00 P.M. Any vendors interested
in participating at this event can obtain information by
contracting Kathy at 895-1889 and anyone wishing to provide
entertainment during that event please contact Mr. Boddie at 792-
0637.
Phil Drouin, Chairman of the Kitsap County Coalition For the
Homeless, reminded everyone of the community meeting on May 19,
6:00 - 8:00 P.M., at the Washington Mutual Savings Bank Community
Room. The subject to be discussed at that meeting is "preserving
the historic Elks Lodge as affordable housing". The presentation
will be maid by the Archdiocesan Housing Authority, Vice President
Paul Percell.
David Bornton, KCAP Public - Supervisor of the Crime and Gang team
working with Safe Streets, reported they had some ideas about youth
activities and the Bremerton Police Department jumped on board
along with the Parks and Recreation Department and YMCA. Their
theorywas to put rival gangs into one room, turn on some music and
have them dance as long as everyone understood this was a neutral
zone and just a place to have some fun. On May 7th, they pulled
off such an event, which drew (150) representatives from the
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RBBs, Eastside Gangsters, Westside Acacia Block Crips. There were
no gang signs being flashed or rags/hats being worn and everyone
came with the understanding it was a time to have fun, talk and
then go home. The week before they had the D.A.R.E. people come in
for a D.A.R.E. For Kids Activity night at the Sheridan Park Gym and
that event worked smoothly. Me noted the YMCA's late night
activity is also working smoothly and he was pleased that two more
drop in centers have been opened - Monday evenings at the KCAP
Central Office at 12th and Park, and at the Sheridan Park and
Recreation facility open on Saturdays from 4:00 P.M. to 9:00 P.M.
Mr. Boynton stressed the importance of listening to the kids and to
give them some credibility.
GordV Byrd reminded everyone of the A.L.I.V.E. Shelter benefit at
the Roxy Theater on Sunday, May 20. He asked if anyone knew the
location of the Given Center in Port Orchard? President Fits
explained the Givens Center is located on Sidney Street,
approximately two blocks south of the Courthouse. Mr. Byrd wished
there was another name for gangs because the word "gang" sounds too
violent to him. He noted if kids are given a chance, they will
reach out to help others.
Robert Ackerman thanked Mayor Horton for her letter and asked when
will the City start fixing streets, particularly by the bus depot.
De1 Knauss stated in his opinion the timer being used by the City
Council has made them, the City and the Administration look silly
and asked that they do away with it and use the silent rule.
MaryLou Long stated she was originally shut down on many occasions
on the 3-minute time limit and then the clock timer was imposed.
It seemed like anyone speaking on issues that pointed out a flaw,
conflict or a problem was given the least amount of time to speak.
Tonight there was a presentation on giving input to the city and
being part of the decision making process and feeling like they are
contributing to and being listened too. In her opinion, the 3-
minute clock makes it difficult for a citizen to contribute or feel
like they are being listened to.
Don Larson related an ongoing problem he had been having for
several years with Brem-Air disposal Inc~, over his garbage bill.
Because he recycles extensively, hedoes not generate enough waste
to require a can of any size each week and he believed, under the
City's garbage collection contracts, that a fee of $1.75 per month
was all that he had to pay, along with the recycling fee that was
later implemented. He .was pleased to report that the new
management of Brem-Air Inc., has agreed to allow Mr. Larson to put
out a mini garbage can every other month, which is what he had been
trying to work out with the previous owner of Brem-Air four years
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previous. He asked that Council give a public response to the
citizens explaining they have an opportunity to tell Brem-Air that
they have special needs and do not require garbage can collection
each week because they do not generate that much garbage if they
recycle.
Alex Roos stated he wanted to use the Council's good "clout" asking
"The Sun" to print the Agenda of the City Council meeting each week
on Monday or Tuesday of each week. It also concerned him that only
those people who have "Cable TV" service are able to view City
Council meetings. He would like to see the City Council meetings
televised so that everyone in the City has the opportunity to see
City government in action.
6B - PROFES8IONAL SERVICES AGREEMENT - ~OLD MOUNTAIN ~OLF COURSE
EXPANSION, ~AB94-097
A request for Statements of Qualifications for Professional Golf
Course. Design Services to design a new Eighteen Hole Course
adjacent to the existing Course at Gold Mountain was prepared,
advertised, distributed, and received in the spring of 1993.
Eighteen firms responded, and si~ were interviewed by a panel
comprised of Morrie Dawkins, Councilman; Mariwyn Tinsley, Parks &
Recreation Commissioner; Rick Acton, Golf Professional at Sahallee
Country Club; David Jacobsen, President of Far West Equipment; and
staff representatives from the Community Development and
Engineering Departments.
This panel determined John Harbottle Design to be the most
qualified firm to perform this service.
Vicki Vanneman, Director of Parks and Recreation, stated on March
30, 1994, the City Council, Mayor Horton and several staff members
participated in a Study Session regarding the expansion of Gold
Mountain Golf Course. At that meeting, she stated the purpose for
that meeting was to provide answers and/or input to four questions:
(1) does the City need another golf course? (2) Do we have adequate
water to support that course? (3) do we have available land
adjacent to the existing course? (4) Does the project cost pencil
out? Documentation was provided addressing those four issues along
with discussion as to tee times statistics, a letter of water
availability, a history of revenue and attendance figures,
financial projections. At the conclusion of that meeting, the
answers to all four questions seemed to be "yes".
Gold Mountain Golf Course has recently received some very favorable
press and notoriety.. The most significant in light of the proposed
expansion was a Golf Course Guide published as'an insert in the
Seattle Times newspaper that named Gold Mountain Golf Course the
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best golfing value in Puget Sound. As a result of that guide
being published, the Golf Course has been deluged with phone calls
from people trying to get tee times. Since the Study Session was
held, Rich Hanna, City Treasurer,.secured the professional services
of Dick Thorman, who is in the process of completing a new market
analysis for the preposed expansion. As was mentioned at that
Study Session, the underwriters contacted by Mr. Hanna about
financing the project requested a new study that would provide
current information. The previous analysis was conducted in 1991,
and had a limited scope in that it only looked at Kitsap County and
Gold Mountain's service area includes golfers from outside the City
and outside the County, with a real following from Tacoma and
Seattle area residents. The first analysis will be incorporated
into the new market analysis.
Ms. Vanneman explained there has been four years of work and
consideration in looking at whether or not to proceed with 'the
expansion of the Golf Course. Many of the City Council members
have been part of those discussions and Councilman Neville served
on the Parks Commission when they first discussed such a project
and Councilmen Colvin and Dawkins have participated on the Golf
Course Board of Directors for a number of years. When she went
out for requests for qualifications for a design firm, they picked
a very competent committee, who they felt were experts in the
industry and experts on the City's staff. No member of the City's
Parks Department staff participated on that selection process.
John Harbottle was the overwhelming choice by the committee after
they thoroughly reviewed references and courses that Mr. Harbottle
had been involved in. There were six very qualified firms to
choose from and the Committee determined Mr. Harbottle brings great
experience to this project and is a local Architect (Tacoma). Some
of Mr. Harbottle's recent projects include both County, city and
private golf courses. He is prepared to designs a quality'
municipal. golf course, one that will compliment the existing
course, one that will be built solely with revenue bonds, which
will preclude having to ask for any financial contributions from
the citizens of Bremerton, unless they are golfers who play at Gold
Mountain. The intent is to build another course that will provide
recreation at an affordable price for local golfers as well as
those who can be entice from other communities. The scope of work
in the Professional Services Agreement is very detailed and there
is a lot more involved than merely drawing an attractive conceptual
design. The work will include conceptual layout, all engineering,
permitting, the geotechnical testing and reports, construction
documents and a binder of specifications that will address every
aspect of the construction project. Mr. Harbottle will also
provide construction observations and the City will provide
construction administration for day-to-day scheduling of meetings
and getting out progress reports to the affected departments, Mayor
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Horton and the City Council. The term of this agreement is through
12-31-1997, which they feel is a conservative schedule, but one
that should not need to be extended due to delays.
Rich Hanna, City Treasurer, pointed out all of the Council members
have seen the proformas produced by his office answering the
question whether or not this project will pencil out financially.
As Ms. Vanneman mentioned, there is an on going market survey and
the preliminary report has not yet been submitted but he has been
in steady contact with the consultant. There has been enough
preliminary analysis completed to give a.veryfavorable outlook and
his work to date is confirming the contents of the proforma that he
and his staff produced. This project does make sound financial
sense...the rounds and greens fee rates are within the bounds Of
tolerance for the market that is being addressed, which includes
Pierce County, King County and a little bit of Snohomish County.
Should the unlikely event occur that the market analysis comes back
with a less than glowing report, there would be minimal design work
that would have been accomplished at that point in time so the City
is still in the position where "retreat" is possible.. He
emphasized that the likelihood of that happening is very small and
he feels comfortable presenting Mr. Harbottle's contract at this
time. He re-emphasized that this golf course expansion will not be
built with General Obligation Bonds or any other current tax
revenues of the City. All of their analyses are predicated on the
sale of golf course Revenue Bonds that would be repaid from greens
fees and other revenues from the course. President Fitz questioned
if the out-of-area golfers are charged a higher rate than the local
golfers? Mr. Hanna stated yes, in an indirect fashion - local
golfers have, in addition to a daily fee, a number of options
available to them, such as a punch card ($260.00 for 20 rounds of
golf), and offer annual passes. All of the discounting mechanisms
serve to lower the cost for local residents, who play a lot of golf
at Gold Mountain. Additionally, there is a differential - daily
course fee is $16.00 during the week and $20.00 on the weekend.
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Mr. LaW stated he did not see anything in the contract that
addressed the issue if the market analysis came back negating the
objective. Ms. Vanneman explained there is a 30 day termination
clause included, which she believes is adequate protection in the
unlikely event that the City chooses not to go forward with the
project. Mr. Law questioned the difficulty level of the proposed
course compared to the current course? Mr. Hanna stated what is
being created is a high end municipal course and would not be a
great deal different than Gold Mountain. Scott Alexander, Golf
Course Manager/Pro stated the difference in what is being designed
is there will be five sets of tees, which would allow those that
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wanted to play a more difficult to go to the back tees. The
designer will design it in such a way that each caliber of golfer
will choose where they tee off to dictate how difficult a course.
Also, he believes there will be more visual challenges. Mr. Law
questioned when tournaments are being held will he use both courses
for tournaments or just one? Mr. Alexander stated his goal is for
95% of the time he will use one golf course for tournament play,
keeping the other open for open public play. There could be one or
two tournaments each year that could bring a lot of people into the
Bremerton area where both golf courses would be used.
Mr. Winters questioned how long did Mr. Harbottle spend with the
Gold Mountain Golf Course Grounds Keeper and Mr. Alexander
discussing the design of the course? Mr. Alexander stated none..
He believes designers of golf courses start out on paper and once
drawn stakes are placed in the ground and at that time things can
change. Mr. Marbottle has been very open to what the Parks
Department and the City want out of the proposed project.
Mr. Farr stated he was present during the Study Session, but when
looking at the bottom line for the design work it amounts to
$348,000, which is a considerable amount of money. He questioned
was there an estimated cost of funds expended if the market
analysis came back as an unfeasible project to pursue at this time?
Mr. Hanna referenced Exhibit "B" Fees, which shows different
percentages of the components of the work. He doubted the schedule
would be past the first 15% Study/Program Development Phase before
there would be a very clear preliminary report from the market
analysis. Ms. Vanneman concurred with Mr. Hanna's statement. Mr.
Farr noted that percentage pencils out to approximately $50,000.
Mr. Hanna stated he believed the worst case scenario would be that
the City would be roughly $50,000 into the design contract if the
market analysis came back saying the proposal wouldn't work as
projected. He had spoken with the market analysis consultant within
the past day to get the latest update and he felt very comfortable
with proceeding with this contract at this time. Mayor Lynn
Hotton stated if for some reason the analysis comes back to say 18
holes of golf is not feasible there is the option to design for 18,
but build for 9 holes with the idea that when the climate became
more favorable then the course could be expanded out to a full 18
hole course. Also, the prospective Council members saw includes
$100,000 per year that will continue to go into the Parks Fund for
capital acquisition. She believes Mr. Hanna's numbers are
conservative and feels strongly that this is a viable project that
will benefit the city.
Mr. Colvin questioned what would happen if other golf courses were.
built nearby and projected revenues did not become a reality? Mr.
Hanna explained the construction of additional golf course
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facilities within our market area is almost a certainty.
A daily fee course was built in the Horseshoe Lake area within the
last two years, which is located on the same straight line along
Highway 16 coming, but looking at the historical numbers the City's
course they did not experience any decrease in play. He
acknowledged that the rounds played on the course were less in 1993
than in 1992, however, that was attributed entirely to the weather
conditions.
Mr. Dawkins pointed out golf course architects get paid a lot of
money for their work and had one of the other firms been selected,
it could have cost the City a million dollars. He believes Mr.
Harbottle is a young man who will do a terrific job. He believes
Mr. Harbottle has some ideas for the new course that could make it
tougher than the existing course.
Mr. Overson stated it was his understanding that at some point in
the contract certain problems with the present course were to be
resolved by moving some hazards around and questioned if that was
still in the plan? Mr. Alexander stated he recalled the only thing
written in the plan to address that point was a change in the ninth
hole. It is proposed to make the driving range larger in order
that more people can warm up, which would 'involve changing the
ninth hole. Over the past two years, the Grounds Keeping
Superintendent has cured about 99% of the problems that previously
existed. The current irrigation system is getting old and needs to
be upgraded in the not too distant future. Mr. Overson pointed out
the contract scope of work included the design along with a lot of
other work including staking out where the resultant course will be
built and in each case he sees construction observation during all
phases. Mr. Hanna stated Mr. Overson was correct, however, there
is an additional element of $50,000 that was felt more appropriate
to be retained by the City for project management. This contract
does contemplate continuing involvement of the architect throughout
the construction phase.
Mr. Colvinquestioned the total cost of the design and construction
of the 18-hole golf course and how many years will it take to
complete it? Mr. Hanna stated they estimate the total design and
project management costs at $400,000; and a construction budget Of
3 million dollars, with additional costs of expanded maintenance
equipment just short of $200,000. Their proforma contemplates
amortization of that cost over a 20 year period.
Phil Drouin stated the discussion reminded him of his service on
the Council in 1984 when they were told that if the City took back
management of the golf course they could realize $100,000 excess
that could go into the Park acquisition fund. Over the past 8-9
years with the rate of inflation he assumed that would go up to
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$150,000 or $200,000. If the City is going to invest 5 million
dollars they should be immediately bringing in $200-300,000 per
year. He did not believe the public was being told what the real
bottom line will be. The citizens of Bremerton have a large
investment in a County golf course.
Mary Lou Long raised the following questions: (1) is Gold Mountain
Golf Course adjacent to watershed land or is it on timber land; and
where is the new land being acquired for the proposed expansion of
the golf course? (2) If this will diminish the profit that the
City is receiving in the amount of $100,000, through agreat extent
to pay off the bonds, how long will it be before the City starts
receiving additional funds for recreation facilities for the rest
of the citizens that do not golf? (3) When will the replacement
for the Roosevelt Field playing field be identified? Mayor Hotton
stated the expansion of the golf course will be on City utility
property, the same as the existing golf course. Right now, the
golf course has payed the Parks Capital fund $100,000 per year over
the past three years. Prior to that time, the golf course did not
turn a profit. Since Scott Alexander was hired to manage the golf
course and subsequently his brother as greens keeper, the golf
course has improved immensely in terms of caliber, quality and
revenue being generated to the point that $100,000 annually can be
placed into the Parks Capital Acquisition Fund. She feels
strongly that even during the first two years of the new courses
operation there will be enough revenue to continue extracting
$100,000 out of the.combined golf courses towards the Parks Capital
Fund and in the ensuing years additional funds will be added to
that $100,000 going towards that program. The Roosevelt Field
replacement issue is a separate issue and is being addressed by the
downtown waterfront property. The Parks Commission has recently
finalized their recommendations for the Roosevelt Field replacement
fund money. Mrs. Long questioned if the golf course fees are
presently bringing in approximately $100,000 for the City to place
in their budgeting for parks and recreation projects, why doesn't
the City take that $100,000 of annual income and do something for
young people inside the interior of the City? She has been before
Council a number of times asking when the issue of the Roosevelt
Field replacement will be addressed. If timber land is to be used
for the golf course expansion, what is the trade off; and if
watershed land is used how would that jeopardize the quality of the
protection of the water? Mr. Hanna explained the City's financial
analysis is built on an assumption that the historical $100,000
returned to the City's Parks Department for the betterment of
neighborhood parks will continue even during the initial years of
the new course. The initial years of this expansion are clearly
the more critical financially. As the whole 36 hole course comes
on line and these improvements come into their own financially, and
when the mortgage is paid,Gold Mountain will be returning to the
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City's Parks Department something in excess of 4 million dollar per
year. He would be the first to admit that he is extrapolating out
current operations out a lot of years and can not say that they are
completely accurate to the last dollar or nearest $100,000, but he
is confident they demonstrate appropriate order of magnitude. That
is one of the most compelling reasons why there is such enthusiasm
on the part of the Parks Department for this project. In addition
to the $100,000, the financial analysis includes the fact that the
golf course is paying roughly $120,000 per year redeeming the bonds
that were used in part to finance the Sports Complex. The land the
City is proposing to use for both the existing course and expansion
is watershed land and belongs to the Water Utility. It is correct
that roughly 120 acres of land will be taken out of timber
production and used for the construction and operation of the-
proposed golf course, as is the present case with the 1S-hole
course. There will be an interdepartmental lease drawn up with a
fair return to compensate the Water Utility for the loss of the
timberland. Mrs. LOng questioned the water source to water the
expanded golf course and what would happen if the City experienced
a drought and how would the citizens be impacted by that? Mr. Hanna
stated The Utility's letter of availability issued to the golf
course included several. caveats.: (1) the use of water conserving
design in the irrigation system; (2) drought tolerant plantings,
grass; (3) in the event of drought their supply of water could be
interrupted and/or restricted. The Water System Comprehensive Plan
projects out five years into the future and indicates both average
and peeking capacities are well in excess of projected demands.
RandV Wltt, City Engineer, stated the Utility will look for non-
potable sources of water that could be used on the golf course and
it is hoped to have that source within five years after the course
is built.
Elizabeth Buell questioned what happens if the revenues don't come
in as projected? And, she questioned what happens when an
earthquake comes and does a lot of damage?
Robert Ackerman questioned what percentage will the City receive
off the income from the golf course? President Fits explained the
City will sell Revenue Bonds to pay for the golf course expansion
and the green fees will pay off those Revenue Bonds.
Mary Lou Long asked what happens if revenues does not come in as
expected to pay off the bonds, is there a cushion, and do we delve
into that $100,000 to make up the difference? Mr. Hanna stated the
bonds that will build the course are Revenue Bonds and by that the
City pledges the revenues from the golf course. Included in the
financial analysis is the continued payment of $100,000 to the
Parks Department for neighborhood parks, continue to provide
support for the Sports Complex. Additionally, the golf course would
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be replacing its own capital equipment and the existing irrigation
system is to be replaced on a cash basis out of golf course
revenues along with other improvements. If the City builds the
course and the people do not come or the greens fee projections are
in error by some factor, each successive layer gets peeled back.
The first claim to those revenues is the operation and maintenance
of the course, after that comes the debt service, after that
capital replacements at the golf course - transfers to the Parks
Department for their capital acquisitions and the rest of those
activities. It is remote in the extreme, but is not outside the
realm of possibility. He again emphasized that the financial
projections are conservative and he believes they will be borne out
by events.
Gordv Byrd stated he finally has a sense of what is going on during
this discussion.
Robert Ackerman questioned who pays for the water run off during
irrigation season? President Fits assured Mr. Ackerman that if
there is a shortage of water the golf course will also have to cut
down on their water usage or eliminate it entirely. Mr. Neville
referenced the Storm Drain Plan: (1) will provide pick up points
for the drainage system designed for the tees, fairways and greens.
Storm drainage system will collect waters from various locations
and transit it to ponds on site. (2) Provide the pump design and
specifications of the system to be utilized for stormwater pumping
from on-site ponds for the purpose of irrigation.
M/S/C/U(Dawkins/Colvin) motion to approve the Professional Services
Agreement with John Harbottle Design and the Professional Services
Agreement; and Section 3 - Compensation shall read: City shall pay
Harbottle compensation as follows: Total fees under this agreement
shall not exceed three hundred forty eight thousand five hundred
dollars ($348,550.00)...".
6C - WASTEWATER TREATMENT PLANT ODOR CONTROL PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, #AB94-089
A professional services agreement has been negotiated with R.W.
Beck to provide engineering services for the design of odor control
improvements and upgrades and disinfection improvements at the
City's Wastewater Treatment Plant. R.W. Beck was ranked first by
the Odor Control Consultant Selection Committee from the 7 firms
which submitted proposals and the 4 firms which were interviewed.
After R.W. Beck was ranked first, the City entered into
negotiations on project scope, schedule and cost. The professional
services agreement is the result of these negotiations. The action
before the City Council is approval of the agreement.
RandV Witt, City Engineer, covered the summary comments and
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announced copies of the contract were available for the public.
The contract will cover: (1) Project Management - development of a
project management plan, staffing schedules, monthly updating of
project schedule, invoicing and status reports, working with the
subconsultants, monitoring client communications and other non-task
related work required to keep the contract going. (2) Stakeholder
Coordination and public involvement - involves working with the
people essential to the contract from an agency and neighborhood
perspective and would include: Puget Sound Air Pollution Control
Agency, Department Of Ecology, West Hills Association and other
neighborhood groups, U.S. Navy, Metcalf & Eddy services, Kitsap
County Department of Public Works. (3) The work aspect or
technical aspect of the contract are broken into what is titled
Basis Of Design Report - WWPT And Pump Stations, which involves
collecting and reviewing the data on existing wastewater treatment
plant and the collection system; preparing an odor definition
report; baseline monitoring at the treatment plant and out in the
collection system, specifically at pump stations CE-1, WB-3, CW-1,
13th & Naval; after information is collected alternatives will be
developed and tested for odor control improvements both at the
treatment plant and in the system; they will do value engineering
analysis of those alternatives for cost effectiveness, ability to
do the odor control, reliability and other aspects of them.
(4) Tied into this contract but separately funded is
"Disinfection". The wastewater treatment plant' operates under a
National Pollution Elimination Discharge System Permit (NPDS),
which comes from the Department Of Ecology (DOE) and Environmental
Protection Agency (EPA), to reduce the amount of residual chlorine
that can be in the treatment plant affluent. In order to meet that
new criteria, the City will have to either do alternative
disinfection in the plant or do dechlorination of what we currently
do. Because the chlorine standards must be met in 1996, the City
felt it was prudent to include this work along with the wastewater
treatment plant work and they can be worked together without any
conflicts. (5) Construction Document Preparation comes after the
alternatives analysis, evaluating engineering and selecting the
direction to go, the next step is to prepare the construction
documents.
Negotiations on this contract have been in process right up to the
time of this Council meeting and there are some changes. to the
language contained in the copy of the contract that was previously
handed out. Ian Sievers, City Attorney, stated one of the subject
areas of intense negotiation was insurance and liability. Since
both parties recognize this kind of undertaking involves a lot of
uncertainty and risk, each party was trying to shift some of that
risk. There are some last minutes changes, in the City's favor, to
the Insurance- Section 7, and Limitation Of Liability-' Section 8.
As a synopsis of both of those sections, the consultant is required
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to maintain comprehensive liability insurance and a five million
dollar aggregate, which will extend two years after substantial
completion of the project (Secton 7). Under Section S, the consult
itself and apart from the insurance policy is liable for those same
limits of liability. However, the consultant was concerned of this
exposure for things.it was not covered for under its policy of
insurance and wrote in the exclusions from its policy as limits of
liability and capping liabilities in those areas at $150,000.
Staff reviewed some of those exclusions and some of them seemed
contraryto obligations in the contract and one seemed unnecessary
so the consultant has agreed to limit those exclusion therefore
removing them from the $150,000 cap in four different areas. One
of the areas was liability for activity involving automobiles. The
City desires to add a sentence to Section 7: "Consultant shall
maintain a comprehensive motor vehicle public liability insurance
DOliCy with single limits of one million dollars for bodily injury
and property damage". Another area of concern was willful
misconduct, which was in the language of Section 8, and the City
desires to make that even stronger by adding this
amendment...beginning at the word EXCLUSIONS: "Section SubDarts
(b)-Cr) '(note Section (a) was removed which under their policy read
"any dishonest, fraudulent, criminal, intentional and malicious
act, errors or omissions or those with the intent wrongful nature
committed by or at the direction of any insured". What that means
is that (a) is clearly not capped by the $150,000 and is more
comprehensive than the language previously stated. The next
concern was with the obligation of the consultant to meet time
limits on producing its work, principally drawings and
specifications. The fourth concern was failure to maintain
insurance required by this agreement. To address those last two
areas, Mr. Sievers recommended adding a second sentence to Section
8, which reads as follows: "The $150,000 limit will not apply to
(1] willful misconduct; ~2) failure of the consultant to complete
drawinqs or specifications on time except failure throuqh no fault
of the consultant; (3) failure to maintain insurance as required by
this agreement". President Fitz asked if the recommended changes
answered all of the concerns previously raised by the Council and
Administrative staff? Mr. Sievers stated yes, and there are still
some exclusions which are capped but they are remote and would
probably be standard exclusions under any consultant's liability.
Mr. Witt pointed out the total cost of the odor control
improvements are $1,101,859; and the breakout for the disinfection
improvements amounts to $71,054 for a total contract amount of
$1,172,913, which is well within the existing budget for the
project.
Mr. Overson stated he felt uncomfortable referring to an exhibit
for the entire budget of the project. In his opinion, the whole
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contract had some problems in that the real "meat" of it is in
exhibits. He suggested stating the whole amount of the contract
into the body of the contract. Mr. Witt suggested amending Section
3. as follows: "City shall pay Consultant a sum not to exceed
$1,172,913, as set forth...". Mr. Overson noted staff had voiced
concerns over the exclusions, which seemed to have been addressed
by the City Attorney, but he was unclear yet that Exclusion (e),
(h) and (i) should be taken out. Mr. 8ievers stated following
discussions with the consultant's legal counsel, it was decided to
address it more directly.. (e) had to do with the timeliness of
completing drawings and specifications; (h) had to do with the
automobile liability and (i) was the requirement to maintained
insurance as part of the agreement. He did not see that it would
hurt to remove those letters from the series of subparts referred
to earlier. Mr. Oversonquestioned if there was some system now
for insuring that the EXCLUSIONS refer to what is being agreed
upon? Mr. Sievers stated the assurance will come from having the
document in hand. President Fits asked if that document could be
included as part of the whole packet? Mr. 8ievers suggested
attaching it as Exhibit "D" to the documentation.
Mr. Colvin questioned if there was any language in the contract
stating that the odor mitigation would be guaranteed? Mr. Sievers
stated the contractor does not offer a guarantee of any quantified
result. Mr. Colvin questioned if it was possible to spend six
million dollars and still not successfully have an odor mitigation?
Mr. Witt stated in the basic design report odors will be defined,
what the limits are that the City desires to achieve with those
odors and then to look at the alternatives as to how to achieve
that goal and how affectire they will be, reliable, cost effective,
etc,. That information will be presented to Council with a
recommendation. Mr. Colvinquestioned if this would be in addition
to the six million dollars? Mr. Witt explained that work is part
of this contract.
Elizabeth Bue11 stated she didn't like the idea that the contractor
would not say that the odors will be gone. She felt there should be.
some way to make them responsible for taking away the odors,
otherwise why do it. She noted other places get rid of their sewer
odors...why can't we. President Fitz stated she didn't believe
odor is totally gone from a sewer treatment plant and Mr. Chu just
returned from a nation-wide conference on that issue. We will do
the best we can with the howledge of today and with the amount of
funds we have available.
Mr.Ackerman stated since there is no guarantee as part of this
contract, he suggested building a tall stack so the odors can be
funneled upward and blow away from the residential areasj He asked
if City staff had looked at other wastewater treatment plants to
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see how they control their odor emissions? Eddy Chu, Public Works
and Utilities Director, stated there is no such guarantee that any
design, communities or system can provide for odor free sewage
treatment, however, there is a nuisance level that odor can
generate and that is what the City has committed to eliminate.
What the construction and design team will be held to adhere to is
to provide a performance according to design specifications. Other
than that, the performance of the plant has much to do with
operation of the plant. It takes a good system design and good
operators to make it work...a team effort. He has visited the
majority of sewer treatment plants in the Puget Sound and he would
challenge anyone to make a statement that there is an odor free
treatment plant in Puget Sound. Mr. Witt stated what needs to be
looked at is what is the City's project goal .... to meet PSAPCA
regulations, etc., and what that means is there are no complaints
and that is what the City wants to deliver. Me feels comfortable
that goal can be reached. Odor control is done successfully at
other plants and many of them are covered and some of them are'
newer than Bremerton's.
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MayLou Long stated here is a document that states all of the odor
mitigation will be dealt with for $1,172,913. Mr. Witt clarified
the action before Council is the R.W. Beck contract, which defines
the odors, prepares the odor definition report, basic design report
and designs the improvement, but does not include the construction,
construction inspection and other aspects of the project. Mrs.
Long stated~ it bothers her that the City is paying engineers in a
department and there are other sewer plants in other communities
that have similar design and similar odor problems. She couldn't
imagine that it would take that much money to come up with a
solution to this kind of problem if there design and plans exist
that properly address odor issues. When the original sewer plant
was designed, it was her understanding that it was a complete
design. She questioned if anyone had researched into the original
design to see if they addressed the odor problem prior to
"recreating the wheel"? Mr. Witt stated the question of existing
plans for odor control at the treatment plant has come up before
and it has been an intriguing question. As he has researched the
records, there was been some discussion on odor at the plant, but
there has never been any discussion that an odor control system was
designed nor are there any plans available showing that work being
done. Mrs. Long stated she could not imagine that a distinguished
firm such as CH2M Hill would have designed a plant for this
community without taking that into consideration. She asked if
anyone had contacted Ch2M Hill to find out if this particular
element was deliberately left out of the design plan or if they had
incorporated into the design? As a taxpayer, she feels'the City
already paid for a high state-of-the art sewage treatment plant.
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Mr. Witt stated as they have looked at the documents there was
discussion on odor control and odors that might be expected from'
the plant. What he expects might have been done was a discussion
with Council on whether or not they wanted to provide odor control..
As he understands the fiscal situation at the time, the decision
was probably made to. not have it done and building the plant just
about strained the City's capacity. Mr. Overson asked Mr. Witt if
he had any basis for his last statement? Mr. Witt stated the basis
for his statement is knowing there were some documents discussing
odor control. Mr. Overson stated there is nothing to say that
anything was discussed with anyone on staff or on the City Council.
Mr. Witt agreed and what he stated was just speculation. Mr.
Overson stressed through all the litigation, Mr. Witt's research
and all past staff research, it constantly reiterated the plant was
built as designed. Mr. Witt stated that is correct and the
question Mrs. Long asked is how can a firm like CH2M Hill not
design a complete plant. He emphasized such a firm will design
whatever they are asked for a specific amount of money. Mayor
HoEton stated if we were to go back and look at the original plans,
we believe we built what was designed. Inresearching the design
we cannot come up with any design that was not built that would
eliminate the odor. In talking to former elected officials at the
time the plant was designed and constructed, they believe that the
plant was suppose to have been built to be as odor free as
possible. Keeping in mind, however, that 10 years ago when the
plant was designed, that environmentally speaking we as a
civilization and a community were not as environmentally aware as
we are today. The City is pursuing CH2M Hill and will continue to
pursue every avenue available for remediation of the issue, but the
City has not yet completed that phase. She believes the amount of
odor emitting from the plant is a surprise to the designers and in
fact the plant does smell. She also believes that before all
things are said and done, the City will meet in some future court
arena to hash out exactly who was responsible for what, but at this
time we cannot make any statements other than what was designed the
City built. The City is now trying to design to correct the odor,
which she believes is possible to accomplish.
There are options to be looked at such as enzyme injection into the
system. She is confident that the nuisance odor can be eliminated.
Mrs. Long questioned why hasn't the City initiated a lawsuit
against CH2M Hill when the poor, sucker ratepayers are having to
pay for a flawed design by CH2M Hill? And, if the City got sued,
why wasn't there a counter suit brought against CH2M Hill because
of the design flaw injured the people, thereby giving relief to the
ratepayers? President Fits stated the City is in the process of
taking other measures for what has happened with the sewer
treatment plant and they are not at liberty to talk about all of
those measures in an open forum at this time. The City is doing
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everything possible to recoup what ever monies are available. Mrs.
Long emphasized she is trying to bring forward the reason why the
City is having to do this so the public knows how to best address
a-resolution that does not injure them. Right now there are people
in Bremerton that are extremely stressed from high sewer rates.
Even if some agreement was reached with CH2M Hill outside of court
and some funding was received to do these projects, how does this
relate to relief to the citizens, who are paying up front
tremendous burdensome sewer rates? President Fits stated she
believed that was something that needed to be discussed at another
time. Council needs to address the subject contract in order to
meet the requirements set forth in the court order and that is what
they. are doing according to the law. Mrs. Long asked the City
Council to move to push forward with the evidence brought out by
Mayor Horton during this discussion to gain some remedy through the
City's legal counsel in the form of a lawsuit against CH2M Hill.
President Fit~ stated Council will take Mrs. Long's comments into
consideration.
Peggy Arkins, member of the West Hills Association, stated she
received a settlement from the City and she believes the City is
behind time in starting the remediation process according to the
settlement. President Fits stated the City is under a tight
schedule. Mr. Witt stated we are behind the time frames specified
for a progress schedule in the settlement agreement. He is of the
opinion that the City can get the odor control improvements on line
by the dates set forth in the settlement agreement. The critical
date is "are we operating by January 1, 1996". President Fits
emphasized the City is pushing hard to meet that goal. Mr. Witt
noted the work schedule is attached as part of the proposed
contract.
M/S/C/U(Huff-Menees/Farr) the City Council authorize and direct the
Mayor to execute the professional services agreement with R.'W. Beck
to provide design of odor control improvements, upgrades and
disinfection improvements at the City's wastewater treatment plant
and to incorporating Exhibit D and incorporating the compensation
into the text of the contract.
7A - RESOLUTION NO. 2466, REOUEST TO APPLY FOR HOME FUNDS FOR
RENTAL PROPERTIES REHABILITATION PROGRAM, #AB94-099
Kitsap County will receive $855,000 through the HOME federal
program. This program funds low income housing programs. The City
proposes to apply for $100,000 in federal funds, to be matched with
$25,000 in City funds, to operate a tenter-occupied rehabilitation
loan program. The grant application is due May 23, 1994.
City Council review and approval to submit the grant request is
required. If the grant is awarded, the City Council will be asked
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to delegate authority to the Mayor to sign the grant contract and
approve a budget amendment for $25,000.
Don Pratt. Director of Community Development, stated in addition to
the summary statement he has the following corrections: (1) the
Operations Committee.discussed this issue just prior to Council and
did have some prior knowledge of the proposal; (2) there is
information in the Agenda bill regarding the use of the Real Estate
Excise Tax of $25,000 for the match. He recommended that
replacement wording in the resolution be made deleting the
identification of the Real Estate Excise Tax as a match and
stating: "the program income to be used for match will be closed
out federal Comprehensive Small Cities Community Development
Program funds from 1978 and 1980. In researching fund sources
after the Agenda bill was distributed, they'found a firm source.
In 1978-80 the City recovered funds from earlier rehab funds and
this afternoon the Department Of Housing and Urban Development
agreed that they would be allowed as matching funds and an
amendment will be made to the grant aplication reflecting that
source, if Council approves this proposal.
Pam Root, Project Coordinator, stated Kitsap County became a
participating jurisdiction under the Federal HOME Program in March
of 1994, and Kitsap County will receive a home allocation of
$855,000 for that year. The HOME program is very similar to
Community Development Block Grant program (CDBG), but is targeted
for lower income people, those in the 60% area median income range
and is designed to solely to expand the supply of affordable
housing for very low income people. 'Like CDBG, it is done in
cooperation with public and private non-profit organizations. The
City of Bremerton is eligible to compete for an allocation of
Federal Home Fund from the Kitsap County entitlement. HOME funds
can only be used for housing rehabilitation, new construction and
home ownership assistance to very low income households. The
Kitsap Regional Planning Council in April, voted to allocate 40% of
HOME funds to owner occupied properties and 60% to rehabilitate
rental properties. According to Kitsap County Comprehensive
Housing Affordability Strategy (CHAS), 40-50% of the housing in
Bremerton was built before 1950 and 20% was built before 1940. The
Department of Community Development is proposing to submit an
application for $100,000 to fund a Rental Rehab Housing Program.
They feel the development of such a program would be an effective
strategyto meet the City's number i housing goal, as stated in the
City's CHAS, to improve the integrity and quality of existing
housing stock. The HOME program requires a project specific match
of 25%, so the total resource would be $125,000 and they plan to
target the program City-wide. It is anticipated, based on the
City's 1992 Rental Rehab Program, that $15-20,000 per unit will be
spent on rehab projects. They feel the projects will be small,
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ranging from 1-10 units, single family homes, duplexes, triplexes
and perhaps a multi-family unit or two. If they get beyond 12 or
more units, the the David Bacon Wage requirements is triggered,
which drive the project costs up beyond where they are attractive
to rental property owners. They will be doing typically rehab
work...roofing, siding, windows, foundations, heating and
ventilating systems, plumbing and electrical, etc., things to
increase the health and safety standards. They will also require
that any property rehab will have to do exterior repairs and
improve its street front appearance. They are also proposing to
target the Campus Evergreen Neighborhood, which has benefitted from
an overall plan and has some very eligible areas that could make
efficient use of the funding. They are proposing to do that by
creating a window of availability prior to it being offered city-
wide. The loan terms will be the same as that in place for the
owner occupied rehab program - 15 year loans at 3% and will be
administered and underwritten by Seafirst Bank. Rental rates have
to be regulated by the City and the tenants have to be low income
for a specified period of time depending on the loan amount. She
pointed out a further correction in the Program Guidelines for
proposed HOME Application under Affordable Rents...Rehabilitation
between $15,000 - $40,000 for a period of ten years (deleting
previous wording "Rehabilitation between 15 and 40 years). If her
projections are correct, most of the projects will be in the $15-
20,000 range, which means affordability of 5-10 years. That will
be enforce through annual surveys of the tenants to verify their
annual income and what they pay for rent. They will also enforce
the rehab quality by making it conform to the Bremerton Housing
Code, UBC, Northwest Energy Code and all buildings'will require
permits and will be inspected by the Building Official like any
other construction project in the City. They will require that
severely dilapidated buildings be totally renovated. It is within
the Federal guidelines to allow the City to make the requirement
that any property that applies for rehab must be brought up to
standards throughout the entire building.
Mr. Law asked how will the people be selected to participate in
this program and is there already a waiting list? Ms. Root stated
selection is on a first-come-first-served basis other than the
window of availability to the Campus Evergreen Neighborhood and
even then those people will be on a first-come-first-serve basis.
What must be done first is to promote the program and at this time
she has about 10 people on a mailing list who have applied for
funds or expressed an interest in funds under the 1992 Rehab
program.
Mr. Farr stated during the Operations Committee meeting Ms. Root
referenced some similar program funds that went unused because
there weren't enough participants. He questioned if that program
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was owner occupied or rental? Ms. Root stated that program is the
City's current owner occupied rehab program and there is a
significant backlog of unspent funds. Mr. Farr asked if that was
due to people not applying at all or applying and then dropping out
of the process? Ms. Root stated there had a significant number of
applications, but they had only a small number who qualified for
loans. That is the reason why the City is not applying for owner
occupied funds under the HOME program because of the large amount
of unspent funds. Mr. Farr stated he personally hopes this program
is very success and is already anticipating Ms. Root coming back
requesting additional funds next year. Bremerton is criticized so
many times for dilapidated housing and lack of affordable housing.
If this program is properly administered to prevent any abuse of
its use, it would provide affordable housing to people and give the
rest of the population benefit of having the neighborhoods cleaned
up. Ms. Root stated that is the intent of both programs.
Mr. Colvin questioned if the money paid back on the loans is
rotated back into build more houses. Ms. Root stated yes.
GordV Byrd asked if someone had to own their own property or could
they be looking for a piece of property to be eligible to apply for
such a loan? Ms. Root stated a person would have to own the
property prior to making application for a loan.
Alex Roos complimented Ms. Root on her presentation of this loan
program at the Apartment Owners meeting and it was appreciated and
in the sort of cooperation that the association likes to get more
in dealing with the City Council. He serves on the Housing
Committee for the Rental Owners Association and they are always
concerned with the improvement and affordability of rental housing
in the City and in the County. He did not have much time to review
the proposed resolution, but he did have specific remarks about the
proposal. Ms. Root identified the Campus Evergreen Neighborhood as
having preferential opportunity, however, also in the document it
references Neighborhood plans for South Auto Center area and the
Harrison Hospital neighborhood. He was somewhat confused as to
what that actually means and asked that it be clarified. He
questioned how are the specific neighborhood plans created and is
there a criteria or plan written of the neighborhood plans that are
available for public review? He referenced Rehabilitation
Requirements - his concern is meeting all the codes. He agreed
with the first paragraph under this section, but had concerns with
the second paragraph, which lists all the required code
enforcement. He believed those requirements would be putting so
many burdens on the proposal to bring a facility up to a 1994
building when they were built in 1920 or 1910 building. He
supported bringing a building up to a reasonable standard/liveable
code. He urged Council to delete the second paragraph under
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section 5. Rehabilitation Requirement and putting in something like
the first paragraph...a reasonable, quality, liveable condition
that will hold up for at least 20 years. Ms. Root stated the HOME
program requires participating jurisdictions to use their money
both effectively and legally. All Federal funds put into new
construction or rehabilitation has to conform to prevailing codes.
The minimum is Section 8 housingquality standards, which basically
say that every residence must have a door on a bathroom along with
a sink and toilet and every kitchen will have a stove and a sink,
which is pretty minimal for human habitation. HOME requires
conformance with prevailing building codes and in the City of
Bremerton it is both Housing .Bremerton and the Uniform Building
Code. Any structure that is either built, reconstructed or
rehabilitated in the City, if that particular scope of work
requires a building code, there are no exceptions and the City
cannot deviate from that requirement. She understands a great deal
of the housing stock in Bremerton is very old and it is difficult
at times to comply with current codes. The Northwest Energy Code
is the law of the land that can be applied in a minimal way and she
felt the City was fairly forgiving in the application to older
homes. The American Disability Act (ADA) only applies to a project
of four or more units. The project that she has had under the
existing rental rehab program has experienced no difficulty at all
in the permitting process.
Mr. Farr questioned if there was some wording left out that would
help in the area of code compliance? He agreed with Mr. Roos and
as a rental owner he has undertaken some projects that require
building permits and he believes bringing up structures to the
existing codes is only in the area being worked on. Ms. Root
stated Mr. Farr was correct. The code only requires that you meet
code in the area being worked on and any attendant areas that might
be affected. The previous concerns by the City Council and others
have been that we are perpetuating eyesores by allowing selected
units in a rental property to be rehabilitated to code and then
neglecting the remainder of the building thereby increasing the
life of that building to continue generating income yet remaining
a blight on the urban landscape. Mr. Farr stated he has had
experience with the Section 8 housing requirements and it does deal
with additional requirements such as lead free paint, safety, fire
extinguishers, railings, etc., and they are enforced. Ms. Root
pointed out the Uniform Building Code is only minimal requirements
to keep a structure liveable. Mr. Farr stated he would like to see
some change included that indicated limiting requirements are just
to the areas where the work is needed. Ms. Root agreed that point
needed to be clarified and what they are doing is trying to satisfy
two concerns: (1) decent, safe and sanitary housing; (2)
perpetuating urban blight; and the objective is to the extent we
can mitigate or eliminate urban blight. Don Pratt, Director Of
~2084
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Community Development, stated there will be an opportunity to draft
the program if the grant is approved. The contract for the grant
must come back to the City Council for their approval and hopefully
by then they will have some wording to recommend. There will be a
program handbook developed and he will bring that document to the
Council's Operation Committee for their review. In reference to the
Campus Evergreen Neighborhood Plan - the City has in an irregular
basis looked at specific neighborhoods and developed some specific
neighborhood plans. The neighborhoods that have been covered
include the Downtown Waterfront Urban Renewal Area, which is the
ferry terminal/Marina area; West Hills area in anticipation of
annexation activities and utilities in the West Hills; Campus
Evergreen, which is the old Smith neighborhood and the high
school/college campus area. The City Council has adopted plansin
each of those areas. The administration, with Mayor Horton's input
has selected the Campus Evergreen as one worthy of receiving
attention because of the effort put into that study and because of
the large number of residential units in that area as being the
first target for this program. That does not include any other
areas, especially the next two areas that they are working on -
South Auto Center area and Harrison Medical Services' area.
M/S/C/U(Law/Colvin) to approve Resolution #2466, approving the
proposed grant request, including .the correction identified by Ms.
Root as previously stated (pg. 75 of Agenda Packet)
8X - PUBLIC HE]tRINe: AMENDMENTS TO CRITICAL LANDS ORDINANCE,
CHAPTER VIII WETLANDS REGULATIONS, #AB94-100
The Growth Management Act has mandated that the City develop
"interim" regulations protecting critical areas including wetlands.
The Bremerton Critical Lands Ordinance was adopted by the City
Council in July of 1993. Since its adoption, planning staff have
identified several issues which have prompted requests for
amendments to the wetlands section.
On April 19, 1994, the Planning Commission held a public hearing
and forwarded a recommendation of approval to the City Council. At
the hearing, the Commission received written comments from the
Washington State Department of Ecology and the Suguamish Tribe.
The Commission directed planning staff to consider and incorporate
the comments into the ordinance as it is reviewed with the
Council's Operations Committee. The Operations's Committee has
reviewed the amendments and has forwarded the revisions to the City
Council.
These amendments. are shown in the ordinance in "highlighted" form,
and are further explained in the executive summary.
Jack A11ingham, Current Planning Division, stated due to the late
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hour, it is desired to allow public testimony on this issue, to be
followed by Council action to continue this hearing to a specific
date and time.
Thomas C. Gomei, President of Northwest Community Housing
Foundation, stated he is speaking as both an advocate of housing in
general and proponent of a specific project in east Bremerton on
Sylvan Way. The proposal before Council is an attempt to strike a
balance between environmental concerns and the need to allow
development of land within city limits. In general, he supports
the revisions being proposed and provided a letter with one small
addition. This allows a graphic opportunity to see the impact of
Council decisions as they balance these concerns. Mr. Gomez asked
that Council consider allowing fill of class 3 and 4 wetlands, and
in actuality it would only be class 3 wetland. In the case of
housing development, up.to 50% of fill rather than the 25% of fill
that is in the current Planning Commission recommendation. This
point was also brought before the Planning Commission and is not a
new conversation. This recommended change does not affect water
quality nor does it affect significant habitat. He referenced the
site next to Pinewood Manor on Sylvan Way being a class 3 wetlands
site, which does serve a biological purpose. He asked the City
Council to balance that biological purpose with the human purpose,
which is housing for seniors. A brief calculation was shown in the
letter as to the difference in cost thatwould mean to the group of
seniors for whom they are attempting to build this community. In
their case those costs are not as great as they might be for other
projects due to the land purchase agreement allowing for a
reduction in land costs as the number of units are reduced, but the
roads, sewers, water, all utilities distribution and most of the
development costs are there. by the size of the parcel not the
number of units. This is both a particular circumstance that they
are asking Council to consider and a question as to how Council
strikes a balance for the City as far as environmental concerns and
development. He emphasized this is an important set of amendments
and he urged Council to pass them. The particular amendment he
presented to change the amount of fill allowed for housing that
meets the City's housing policy and is consistent with the values
he heard expressed during discussions on other Agenda items this
evening.
Mr. Overson stated he does not support Mr. Gomez's proposed change
mostly because he does not think Mr. Gomez's premise is correct.
He is saying that additional real estate is not valuable to the
owner, yet most people who procure property ask what are the
pertinents and secondly how large is the lot. Mr. Gomez stated he
would say that was true in general cases of real property, but in
the case of senior citizens that is not the case when they are
looking at the amount of land they have to maintain. Mr. Overson
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asked if it was legal to restrict sales to just senior citizens?
Mr. Gomez stated yes in the case of a complete senior
community...the only exclusion allowed under the law. Mr. Overson
asked if he felt it would be on into perpetuity? Mr. Gomez stated
that will be part of the condominium declarations by which the land
is held.
#2341
M/S/C/U(Law/Huff-Menees) to table this item until Wednesday, May
25, 1994, 6:00 P.M. or later.
#2366
M/S/C/U(Overson/Colvin) to continue this meeting until 10:00 A.M.
on May 19, 1994.
WEDNESDAY - MAY 19, 1994, 10:15 A.M., the City Council reconvened
as part of the Armed Forces Day activities with Council Vice
President Morrie Dawkins'chairing the meeting.
The 'following U.S. Navy personnel from Puget Sound Naval Shipyard
participated in the City Hall Armed Forces Day meeting:
SN Lynn Bonnell; MS3 Kevin Hudson; SA Michelle Robinson; SR
Michelle Bingham; FN Michele Smith; RF Rachel Conzales; EM1 Michael
Gebhart; EM3 Phillip Gladden; SN Dena Peterson; QM2 Robert Marquez;
SK1 George Yamzon; MS3 John Cobb; MM1 Scott Hardy; MM1 Terrance
Patterson; QMC (SS) James Koker; BT3 Kelly Stillwell; BT2 Kenneth
Brown; FN Tammy Hunter; SNAmelia Filiberti; MS2 Keith Thibodeaux;
SLNConstanceLorenz; BM3 Alonzo Willjams; MS1 Richard Hoffman; HT1
Brian Daugherty.
6A - APPROVAL OF INITIAL HIRIN~ RATE FOR ROBERT TULP, PUBLIC WORKS
OPERATIONS MANAGER, #AB94-096
The Public Works Operations Manager position has been vacated for
over four months. Recruitment of candidates for the position of
Public Works Operations Manager was conducted in March/April.
Twenty applications were received and nine were invited to a
personal interview on April 18, 1994. The panel felt Mr. Tulp
would make an excellent selection to fill the vacant position.
Mr. Tulp has worked for the City of Bremerton for ten years. For
the last five years, Mr. Tulp has held the position of Electronics
Foreman and has been responsible for the managing of the
Electronics Division. Mr. Tulp has also had extensive experience
in dealing in contracts with other municipalities. Along with his
howledge and experience with the City, Mr. Tulp will be able to
bring a great deal of continuity to this critical and much needed
position.
TAPE #1204
Eddy Chu, Public Works and Utilities Director, referenced the
#0304
#1170
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information stated in the summary statement and urged Council
approval.
Public comment - none.
M/S/C/U(Colvin/Dawkins) to authorize a hiring step of Rate 6 Step
2 ($3,918/month) pursuant to the Management and Professional Staff
Salary Plan BMC 2.50,032(a) for Robert Tulp, Public Works
Operations Manager, effective May 2, 1994, and approve negotiated
contract.
6D - SURPLUS MOTORCYCLES/POLICE DEPARTMENT, ~AB94-098
The Bremerton Police Department owns three Harley Davidson
motorcycles that'should be surplussed. They are nolonger used as
part of our traffic enforcement.
The value of these motorcycles is unknown, but is estimated at
$20,000+ for all three.
General discussion on this issue included the fact the motorcycles
are not currently being used for any thing expect ceremonial
events; that having the motorcycles insured would not add extra
cost to the City's insurance, but that there is additional
liability exposure for the City if the motorcycles were used on a
regular basis.
Public comment - none.
M/S/C/F(Huff-Menees/Colvin) to approve surplussing
motorcycles.
Vote on motion: In Favor: Huff-Menees, Law, Overson
Opposed: Dawkins, Farr, Winters
Abstain: Colvin
Motion failed.
these
7B - ORDINANCE (FIRST READING) AMENDING BUDGET ORDINANCE ANDB.M~C.
2.50 AND 2.22 TO REFLECT TITLE AND SALARY OF HUMAN RESOURCES
MANAGER, #AB94-093
Attached is the Classification Specification for the Human
Resources Manager and ordinance amending BMC 2.50 and 2.22'. This
position will manage the human resources program and services for
the City, but is not responsible for negotiating labor contracts.
A labor relations consultant will be hired on contract for those
services. The Human Resources Manager will provide coordination
and research in preparation for labor contract negotiations. A
contract for labor relations consultant will be presented at a
later date.
Mayor Lynn Horton stated her support of this proposal and urged to
#1660
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approve as presented.
Public comment - none.
M/S/C/U(Overson/Huff-Menees)
reading. .
to approve ordinance, on first
With no further business meeting adjourned at 11:23 A.M.
KATHLEEN L. McCLUS City Clerk
KLM/EF/me
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